ACLU Files Lawsuit Seeking Freedom to Marry for Wisconsin Couples

The ACLU has set the ball rolling:

MADISON, Wis. – The American Civil Liberties Union, the ACLU of Wisconsin and the law firm of Mayer Brown filed a federal lawsuit today on behalf of four same-sex couples who wish to marry in Wisconsin or are seeking recognition for their legal out-of-state marriages.

The plaintiffs include Roy Badger and Garth Wangemann of Milwaukee, who have been together 37 years. Three years ago Wangemann had much of his right lung removed after being diagnosed with lung cancer. Following the operation, a complication occurred and he was put into a medically induced coma for nearly a month. His progress was uncertain, and Wangemann’s father attempted to override Badger’s power of attorney to have his son taken off life support. Before that could happen, Wangemann recovered.

“What upset me the most was that after all of our time together, our relationship was not fully recognized by my family and there was a real danger that my wish to give Roy the ability to make decisions about my care could be stripped away,” Wangemann said. “Thankfully, our wishes held in this case. But without the protections that come with marriage, the consequences can literally be a matter of life or death.”

Other plaintiffs in the case are Carol Schumacher and Virginia Wolf of Eau Claire; Charvonne Kemp and Marie Carlson of Milwaukee; and Judi Trampf and Katy Heyning of Madison.

Wisconsin’s ban on marriage for same-sex couples prevents them from securing the hundreds of protections that state law provides to married couples. Wisconsin law subjects same-sex couples to an additional harm that is unique among states that deny same-sex couples the freedom to marry. The only way for Wisconsin couples to get the federal protections that come with marriage is for them to go out of state to marry. But Wisconsin law says that may be a crime punishable by nine months in jail and a $10,000 fine.

Among the plaintiff couples, Schumacher and Wolf were legally married in another state, raising the possibility of prosecution back at home. The lawsuit challenges the overall ban as well as the application of this criminal law to same-sex couples who are forced to choose between being denied federal protections and the risk of criminal prosecution.

“These families simply want the security and recognition that only marriage provides,” said Larry Dupuis, legal director of the ACLU of Wisconsin. “They have built their lives and raised children here. It is wrong for the state to treat these loving and committed couples as second-class citizens, and it is cruel to place them in a catch-22 where they can’t even travel elsewhere to obtain federal protections without their marriage being labeled a crime.”

The lawsuit will be filed in the U.S. District Court for the Western District of Wisconsin. The plaintiffs allege that the state’s constitutional marriage ban sends a message that lesbians, gay men, and their children are viewed as second-class citizens who are undeserving of the legal sanction, respect, protections, and support that heterosexuals and their families are able to enjoy through marriage.

“More and more Americans over the past few years accept the idea that same-sex couples and their families shouldn’t be treated differently than other families,” said John Knight, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “It is our hope that Wisconsin will soon join the other 17 states in granting the freedom to marry.”

Help Me Bring the Trans to WI!

Well hello lovely readers!

It’s rare for me to do this sort of thing, but there are a couple of cool events afoot that I’ve been part of that need your support. One of them is called the Trans Leadership Institute, and it’s a day of training for trans people + allies who want to know how to do education, outreach, & advocacy on trans/gender issues. It’s part of the work I do with Fair Wisconsin and the trans division of FW called T-Fair, and it’s part of the Trans Leadership Conference taking place in Milwaukee from February 7th – 9th.

In addition, there’s a gala on Saturday, February 8th, at which none other than Kate Bornstein is speaking! (You can even come if you want to!)

So here’s why I need your help:

1) Because we desperately need more attention on trans/gender issues in WI (as we do most everywhere).

2) I would like to see a few trans people who wouldn’t otherwise be able to afford to go to be able to do so. That is, some folks would have to take a day off work, drive, etc., and I want to help offset their costs directly.

3) There is a gala dinner on the evening of the 8th, at which none other than Kate Bornstein will be speaking, and I’d like for some of the lower income trans people I know to be able to attend. Tickets for that are $125/pop, and at the very least, I’d like to fill a table of 8-10.

So, if you would, you can either (1) donate directly to Fair Wisconsin, because it’s tax deductible!, or, (2) you can donate directly to me. (With me, of course, your name will be known only to me.) If you do donate directly to FW, do make sure you tell them what the money is for and that I sent you!

& Of course, feel free to let me know where you’d prefer the money to go – to Fair Wisconsin generally, to offset the costs for trans people to afford T*LI, or to pay for gala tickets, or all three.

Missouri Gov Does What He Can

Says the (conservative Dem) governor of Missouri:

“Many Missourians, including myself, are thinking about these issues of equality in new ways and reflecting on what constitutes discrimination. To me, that process has led to the belief that we shouldn’t treat folks differently just because of who they are. I think if folks want to get married, they should be able to get married.”

& Then he issued an executive order allowing same sex couples to file joint state tax returns.

Five Questions With: Danielle Askini, Gender Justice League

I met activist and Gender Justice League founder Danielle Askini a long, long time ago in a galaxy far, far away. She was then, and remains to this day, one of my favorite trans activists and educators.

1. Tell me something about how you started Gender Justice League, and why, what you do as an organization.

The idea behind Gender Justice League was really to build on what I had come to learn from other organizations I had participated in the past such as GSA Network (where I was National Program Director) and Outright, Maine – Where I was a youth activist. Really the idea is to bring the community together through community building, social and community education events, and then to recruit and train Trans and gender non-conforming folks as leaders to engage in community wide education and training and then advocacy work both on a one-to-one level and a policy level – such as removing Trans health insurance exclusions.  The idea is really to start by building a community that is connected, informed, and educated and then develop our skills to organize, educate, and influence cultural change. As an organization what we have done has greatly varied, we have done things like hold Trans Pride Seattle – which brought together about 2,200 people in June – by far the largest single event by and for Trans folks in Seattle, we got King County Public Health and all HIV Prevention Providers to agree to both serve Trans women but also include images, messaging, and information about Trans women in HIV prevention materials, we also held a community gathering to discuss Fighting Trans Misogyny that was incredibly well attended. This is all outside of our internal training on grant writing, meeting facilitation, web/social media networking and advocacy training.  I’m so excited for all we have yet to do in the next year or two as we launch our speaker’s bureau and education plan, partner with University of Washington for a Transgender Medicine class for medical students, social workers, and nurses, and many many more things!

2.. We were talking recently about the intersection of community and politics, specifically when it comes to trans people. Do you think one has to come before the other?

I think this is a really interesting question!  As someone who transitioned in Maine — Portland specifically, a “city” of only 65,000 people — there was not a huge Trans community that was active when I fist came out. Over time, more and more trans folks and gender queer folks came out — but most identified as trans men/trans masculine which left me feeling a bit isolated.  My activism in Portland was really focused on “LGBT” activism and youth in foster care activism (I spent my Junior year homeless, and my senior year in foster care) — but it was extremely isolating to be the ONLY trans woman around in many instances. There was a sense of ‘community’ to some degree — but often I didn’t really feel “seen”. Portland is a tricky example, as everyone watched me transition quite publicly (it’s a small town) and to many, I would forever be that “Gay boi / drag queen!” that they had seen in high profile shows; this often invisible my identity as a woman. That is not to say that I wasn’t deeply effective or influential, I think even though I was young, in college, and often busy — I was of a vanguard that pushed the largely L & G leaders to include Gender Identity and Expression in Maine’s 2005 non-discrimination law. I think community is vital — but I found my community online at that time! Now, I walk out my door and have dozens of friends which is amazing. I certainly think having a solid online community through livejournal was vital to my early activism — a place to vent, get resources/connect, and feel ‘seen’. For folks who are not in major cities — the internet has really revolutionized that process. So that is to say — find a community online, do online activism, find strength where you can no matter what — but doing activism everywhere is vital!  I think that was the key for me, finding community online, doing activism even when I felt isolated and alone as a very young trans woman.

3. I think of you as a radical activist, and I mean that as a compliment. Tell me something about how you think of trans rights in the light of other social justice issues. Continue reading “Five Questions With: Danielle Askini, Gender Justice League”

Jailed for Life for Stealing a Coat

There’s something very wrong going on.

A shocking new study by the American Civil Liberties Union has found that more than 3,200 people nationwide are serving life terms without parole for nonviolent offenses. Of those prisoners, 80 percent are behind bars for drug-related convictions. Sixty-five percent are African-American, 18 percent are white, and 16 percent are Latino…

Go read the full article/interview on NPR.

This kind of issue is exactly why feminists have been using intersectional analysis for years now – to look not just at gender and how it oppresses people of all genders, but how race, class, and other axes of identity cause one person to go to rehab and another to be sentenced to life in prison – for the same “offense”.

I don’t know where to start to fix it, but I’m very pleased that the ACLU did this study – the full title of which is A Living Death: Life Without Parole for Nonviolence Offenses – so that maybe we can start to examine how and why we are imprisoning people for life who did so little wrong.

Freedom Writers

I was talking to my mom about Nelson Mandela yesterday, & she reminded me that when I was a young whippersnapper, maybe around 17, I got her to write letters to the South African government to free him. She added, “we wrote one for that lady, too” by whom she mean Aung San Suu Kyi.

I don’t know how much letters do, but I do know that you feel like less of a schmo if you actually do stuff like this.

Free Nelson Mandela

I’ve waited a bit to post this song & video because it’s so celebratory it didn’t seem quite right on the day of Mr. Mandela’s death, but now, maybe it’s time.

This song & video were recorded in 1985 and charted in the UK & was played heavily in Africa. It was most definitely a favorite of any ska fans, recorded as it was by “The Special AKA” – a group of people from The Specials and other ska bands of the time, bands who were intent not just on mixing musical styles but in making sure the bands themselves were diverse.

& It was always such a happy, inspiring, determined song.

It’s hard to explain what it was like the day I turned on the radio to hear some of my favorite DJs crying on the air with the good news that he had, in fact, finally been freed. They played it over & over & over again.

Along with this song by Jesus Jones, it’s one of the very few that really do put me right back in that time & place, but the two times, in some ways, so distinct: 1985 still awash in Reagan/Thatcher, & music was still great. By 1990 you could feel it was all changing: in some ways, “Right Here, Right Now” was the end of optimism, and the stage would soon be set for Nirvana & a much more cynical time. But first, of course, Mandela was freed, we’d optimistically elect Bill Clinton, and the Wall fell.

So in some senses, Mandela’s death after his years as South Africa’s president and as a world ambassador at the age of 95 is really unexpected — because in 1985, it seemed far more likely he would die in jail far short of his 95th birthday. The world is so much better off that he didn’t.

Godspeed Mr. Mandela.